Bombay High Court Criticizes Police “Lethargy” in Environmental Case; Orders SIT to Expedite Investigation into Alleged CRZ Map Forgery and Delayed Police Action, Status Report Due December 5, 2024

Court’s Decision: The Bombay High Court ordered the formation of a Special Investigation Team (SIT) to investigate complaints regarding alleged forged maps showing unauthorized constructions exempted under the Coastal Regulation Zone (CRZ). Observing “lethargy” in the police investigation of the case (C.R. No. 490/2021), the court appointed the Additional Commissioner of Police (Crime), Mr. Shashi Kumar Meena, to head the SIT. The SIT was mandated to complete the investigation expeditiously, re-record statements of individuals involved, and submit a status report by December 5, 2024.

Facts: The petitioners alleged that 884 maps had been forged to depict constructions as pre-dating 1964, allowing them to evade CRZ regulations. Despite filing a statement on July 21, 2023, the petitioners claim no substantial action had been taken by the police. The case had been registered in December 2021, yet only limited progress had been made in terms of recording statements and investigating these claims.

Issues:

1. Whether the police investigation has been appropriately conducted to address the alleged forgery and manipulation of CRZ maps.
2. Whether the conduct of the concerned officers justified the establishment of an SIT for further investigation.

Petitioner’s Arguments: The petitioners argued that despite submitting a detailed complaint about the illegal manipulation of maps to avoid CRZ restrictions, the police did not undertake any substantive investigation. They also pointed to an ongoing disregard by police officials to act against these alleged forgeries, which they claim facilitated unauthorized constructions in the CRZ.

Respondent’s Arguments: The Public Prosecutor, on behalf of the police, acknowledged the concerns raised and indicated no objection to forming an SIT for a more comprehensive investigation. He stated that disciplinary action against the Investigating Officer had been initiated and that necessary documentation would be forwarded to the SIT.

Analysis of the Law: The court emphasized the police’s duty under the Criminal Procedure Code to conduct investigations diligently and to submit a report. It held that a delay in investigating a registered case undermines public faith in the judicial process. The court cited the importance of a timely response by law enforcement, especially in matters involving potential public harm through environmental and regulatory breaches.

Precedent Analysis: While the court did not reference specific precedents in this order, it upheld established principles mandating thorough police investigation once an FIR is registered, especially when significant public interests, like environmental and coastal regulations, are implicated.

Court’s Reasoning: The court found “lethargy on the part of the Officers” involved in the investigation and noted the importance of addressing the complainant’s “legitimate expectation” of a timely and thorough investigation. It criticized the delay in completing investigations, especially given the alleged environmental impact, and deemed the police response inadequate. Thus, to ensure accountability, the court ordered the formation of an SIT to ensure that the investigation progresses without undue delay.

Conclusion: The court directed that all related cases, including C.R. Nos. 82 of 2020, 97 of 2021, and 98 of 2021 registered with the Goregaon Police Station, along with C.R. No. 490 of 2021 from the Kherwadi Police Station, be transferred to the newly formed SIT for thorough examination. A status report of the investigation is due by December 5, 2024.

Implications: This decision underscores the judiciary’s proactive stance in monitoring police investigations to prevent delays and potential abuses in cases involving significant public interest, especially where environmental regulations are involved. The directive to reconstitute the investigation under an SIT suggests a push for increased transparency and accountability in such sensitive cases, likely impacting future police handling of CRZ-related cases in Maharashtra.

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